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Covenant Regarding Real Property 2020-0362812RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 DOC# 2020-0362812 11E1 I 111E1 I 111 1111111010111110111110011011111111111011111111111111111111111 Jul 09, 2020 09:42 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $20.00 (SB2 Atkins: $0.00) (This space for Recorder's Use) PAGES: 3 APN: 275-700-65 COVENANT REGARDING REAL PROPERTY GARY SINISE FOUNDATION, ("OWNER" hereinafter), is the owner of real property located in the City of Poway, California, commonly known as 16620 Sagewood Lane and more particularly described as Lot 1 in the City of Poway, County of San Diego, State of California, as shown on Parcel Map number 12885, filed in the Office of the County Recorder of San Diego County, October 30, 1991 ("PROPERTY" hereinafter). In consideration of the approval of Underground Waiver (UW) 20-003, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees for the benefit of the CITY, not to oppose a future private or public utilities undergrounding district that includes PROPERTY and to pay a pro rata share of future undergrounding costs that includes PROPERTY. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event of litigation to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. OWNER: GARY SINISE FOUNDATION By: Seth A. Fields Chief Operating Officer (signatures must be notarized) CITY OF POWAY: Dated: 5/28/2020 By: (��, ( Dated: 2/% Ro ert J. Manis � (i 3/ Director of Development Services A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On May 28, 2020, before me, Kimberly M. Payne, a Notary Public, personally appeared Elizabeth A. Fields, Chief Operating Officer, Gary Sinise Foundation, who proved to me on this basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. My Commission Expires: September 29, 2022 Commission Number: 2260623 KIMBERLY MARIA PAYNE Notary Public - Cal fornfa L Los Angeles County Commission # 2260623 My Comm. Expires Sep 29, 2022 (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .. y. A• W G>• A Y> CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On June 5, 2020 before me, Yvonne Mannion Notary Public Date Here Insert Name and Title of the Officer personally appeared Robert J. Manis Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. YVONNE MANNION Notary Public -California San Diego County Commission # 2201766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above WITNESS my hand and official seal. Signature 0,,4 1tJVU ,, (d 4 a,v Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Covenant UW 20-003 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907